OpenLegislation

Article 15 Further provisions: generalI1

England, Wales and Northern Ireland

(1)

This article applies to—

(a)

search and seizure warrants sought for the purposes of an external investigation, and

(b)

powers of seizure under them.

(2)

An application for a warrant may be made ex parte to a judge in chambers.

(3)

A warrant may be issued subject to conditions.

(4)

A search and seizure warrant does not confer the right to seize privileged material.

(5)

Privileged material is any material which a person would be entitled to refuse to produce on grounds of legal professional privilege in proceedings in the High Court.

(6)

A search and seizure warrant does not confer the right to seize excluded material.

(7)

A warrant continues in force until the end of the period of one month starting with the day on which it is issued.

(8)

A warrant authorises the person it names to require any information which is held in a computer and is accessible from the premises specified in the application for the warrant, and which the named person believes relates to any matter relevant to the external investigation, to be produced in a form—

(a)

in which it can be taken away and is visible and legible, or

(b)

from which it can readily be produced in a visible and legible form.

(9)

A warrant may include provision authorising a person who is exercising powers under it to do other things which—

(a)

are specified in the warrant, and

(b)

need to be done in order to give effect to it.

(10)

Copies may be taken of any material seized under a warrant.

(11)

Material seized under a warrant may be retained for so long as it is necessary to retain it (as opposed to copies of it) in connection with the external investigation.

(12)

But if the appropriate officer has reasonable grounds for believing that—

(a)

the material may need to be produced for the purposes of any legal proceedings, and

(b)

it might otherwise be unavailable for those purposes,

it may be retained until the proceedings are concluded.

(13)

Material seized under a warrant may be sent to the overseas authority which made the request for assistance or to the Secretary of State for forwarding to that overseas authority.

Annotations

Commencement

I1

Art. 15 in force at 13.8.2014, see art. 1(b)